United States Department of Agriculture

Food Safety and Inspection Service

Office of Field Operations

Jackson District Office 713 S. Pear Orchard Road Suite 402 Ridgeland, MS 39157

April 30, 2013

VIA Fascimile: 606-735-2412 and USPS CERTIFIED MAIL #7008 3230 0000 9649 4289

Mr. Keith Wright, Plant Owner Brooksville Meat Fabrication Est. 09173M 80 Liberty Drive Brooksville, KY 41 004

NOTICE OF SUSPENSION
Dear Mr. Wright: This serves as official notification by the Food Safety and Inspection Service (PSIS) of our decision to suspend the assignment of inspectors for your slaughter operations at Establishment 09173M, Brooksville Meat Fabrication, 80 Liberty Drive Brooksville, KY 41004. This action is based on your establishment's failure to handle livestock humanely according to 9 CPR Part 313.

Background/Authority
Humane Methods of Slaughter Act: The Congress finds that the use of humane methods in the slaughter of livestock prevents needless suffering; results in safer and better working conditions for persons engaged in the slaughtering industry; brings about improvement of products and economies in slaughtering operations; and produces other benefits for producers, processors, and consumers which tend to expedite an orderly flow oflivestock and livestock products in interstate and foreign commerce. It is therefore declared to be the policy of the United States that the slaughtering oflivestock and the handling of livestock in connection with slaughter shall be carried out only by humane methods. (7 U.S.C.1901) Under the authorities of the Act, PSIS has prescribed rules and regulations required for establishments producing meat products, including the requirements pertaining to Humane Slaughter of Livestock (9 CPR Part 313). Specifically, your establishment failed to meet the following regulatory requirements as specified by 9 CPR 313. l 6(a)(l) and (3) which states "(a) Utilization offirearms, required effect; handling.(!) The firearms shall be employed in the delivery of a bullet or projectile into the animal in accordance with this section so as to produce immediate unconsciousness in the animal by a single shot before it is shackled, hoisted, thrown, cast, or cut. The animal shall be shot in such a manner that they will be rendered unconscious with a minimum of excitement and discomfort. (3) Immediately after the firearm is discharged and the projectile is delivered, the animal shall be in a state of complete unconsciousness and
EQUAL OPPORTUNITY IN EMPLOYMENT AND SERVICES

NOTICE OF SUSPENSION Mr. Keith Wright, Plant Owner Brooksville Meat Fabrication Est. 09173M April30,2013 Page 2 of 4

remain in this condition throughout shackling, sticking and bleeding." PSIS has also developed Rules of Practice regarding enforcement (9 CFR Part 500). The Rules of Practice describe the types of enforcement action that PSIS may take and include procedures for taking a withholding action and/or suspension, with or without prior notification, and for filing a complaint to withdraw a grant of Federal inspection. 9 CFR 500.3(b) states "PSIS also may impose a suspension without providing the establishment prior notification because the establishment is handling or slaughtering animals inhumanely." At approximately 0925 hour, a failure to stun incident occurred at your facility involving a heifer less than 30 months of age. An establishment employee usin a .22 Lon made an attem t to render the heifer insensible. After the first shot was fired (b) (7)(C) (b) (7)(C) and later (b) (7)(C) animal was bleeding from the ea an nose (b) (7)(C) (b) (7)(C) (b) (7)(C) also noticed the noisy sorting through of additional bullets by establishment em lo ee. Ins ection persom1el noticed that the animal was standing and not rendered insensible. insisted that the establishment employee hurry and make a secondary shot in (b) (7)(C) or er to ren er t 1e animal insensible. After approximately four (4) minutes had passed, the establishment employee made a secondary shot using a 22 magnum, which rendered the animal insensible. Failure to render the animal insensible on the first shot and the poor choice of firearm is a violation of9 CFR313.16(b) (2). Failure of the establishment employee to take immediate corrective action after the first shot failed to render the animal insensible is a violation of 9 CFR313 .l 6(a) (1 ). Additionally, your establishment does not have a robust systematic approach to humane handling and slaughter. (b) (7)(C) took regulatory control action and placed US Rejected tag #B35195507on the establishment's knock box in accordance with 9 CFR313.50, suspending all slaughter inspection at your facility. You were verbally informed on April 30, 2013 at approximately 0955 honr, of the suspension of the assignment of inspectors at your slaughter facility. You are herein receiving written notification of the suspension of the assigmnent of inspectors at your facility with this letter; which will remain in effect until you provide adequate written assurances to the Jackson District Office of corrective and preventive measures to assure that animals at your facility will be humanely handled and slaughtered in accordance with the Humane Slaughter Act and Regulations 9 CFR 313.16(a)(l) and 9 CFR 313.16(a)(3). As a federally inspected establishment, you are expected to fully comply with regulation 9 CFR 313 .16 and all other requirements conceming the humane slaughter of livestock. In accordance with 9 CFR 500.3(b ), we are implementing a suspension of the assigmnent of inspectors for inhumane handling.

NOTICE OF SUSPENSION Mr. Keith Wright, Plant Owner Brooksville Meat Fabrication Est. 09173M April 30, 2013 Page3 of4
You may appeal this action by contacting: Executive Associate for Regulatory Operations USDA, FSIS, FO Room 3157 - South Building 1400 Independence Ave. SW Washington, DC 20250 Telephone: (202) 720-3697 or (202) 720-9521 Facsimile: (202) 690-3287 In accordance with 9 CFR 500.5, you may request a hearing concerning this action by contacting: Mailing Address: Evaluation and Enforcement Division Office of Program Evaluation, Enforcement and Review Food Safety and Inspection Service United States Department of Agriculture Stop Code 3753, PP3, Cubicle 243A 1400 Independence Avenue, SW Washington, D.C. 20250 Physical (Courier) Address: Evaluation and Enforcement Division Office of Program Evaluation, fa1forcement, and Review Food Safety and Inspection Service United States Department of Agriculture Patriot Plaza III, 8'11 Floor, Cubicle 243A 355 E Street, SW Washington, DC 20024-3221 Telephone: (202) 418-8872 Facsimile Number: (202) 245-5097 If you have any questions, please contact the Jackson District Office at (601) 965-4312.

Paul A Resweber, DVM District Manager Jackson District Office

NOTICE OF SUSPENSION Mr. Keith Wright, Plant Owner Brooksville Meat Fabrication Est. 09173M April 30, 2013 Page4 of 4 Cc: (b) (7)(C) via electronic copy) (via electronic copy) (b) (7)(C) (via electronic copy) ia electronic copy) (b) (7)(C) (via electronic copy) Washington, D.C. FSIS HQ Personnel (via electronic copy)

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